FILED ON: 12/23/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4310

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act authorizing the commissioner of Capital Asset Management and Maintenance to convey a certain parcel in the Roxbury section of the city of Boston.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.   Notwithstanding sections 33 through 37, inclusive, of chapter 7C of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance may convey property consisting of a certain parcel of land known and numbered 167 Centre street, Boston, and the building thereon known as the Dudley House, to Historic Boston Incorporated, a Massachusetts not-for-profit corporation, for $1.00.  The property contains approximately 0.2777 acres.  The exact boundaries of the property may be determined by the commissioner based upon a survey.   The property shall be conveyed by deed without warranties or representations by the commonwealth.

Notwithstanding any general or special law to the contrary, Historic Boston Incorporated shall be responsible for all costs and expenses of any transaction authorized by this section 1 as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the conveyance of the property. 

SECTION 2.  If Historic Boston Incorporated does not complete the purchase of the property pursuant to section 1 of this act on or before December 31, 2022, or such time after as agreed to by Historic Boston Incorporated and the commissioner of capital asset management and maintenance, then, notwithstanding sections 33 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may sell, lease for a term up to 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to purchasers or lessees an interest in the property or portions thereof, subject to this act and on such terms and conditions as the commissioner of capital asset management and maintenance considers appropriate. The property shall be conveyed by deed without warranties or representations by the commonwealth.   In making any such disposition, the commissioner of capital asset management and maintenance shall use appropriate competitive bidding processes and procedures. Not less than 30 days before the date on which bids, proposals or other offers to purchase or lease the property or any portion thereof are due, the commissioner of capital asset management and maintenance shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 of the General Laws stating the availability of the property, the nature of the competitive process, including the time, place and manner for the submission of bids and proposals and the opening of the bids or proposals and such other information as the commissioner considers relevant.

Notwithstanding any general or special law to the contrary, a purchaser or lessee selected pursuant to this section 2 shall be responsible for all costs and expenses of any transaction authorized by this section 2 as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any engineering, surveys, appraisals, title examinations, recording fees and deed preparation related to the conveyance of the property. 

SECTION 3. The Commissioner shall establish the value of the property for both the highest and best use of the property as currently encumbered and for the purposes described in section 1. If the consideration for the parcels conveyed in section 1 are less than fair market value, the commissioner shall place notice in the central register of the conveyances, the amount of the transaction and the difference between the calculated value and price received.